Simhachala (Senior Manager) 10 May 2011

Salary not paid for the termination notice period

Dear Sir,

I was working in a pvt ltd company in Bangalore from last 3 years in a senior position.

In the first week of March 2011, i had peptic ulcer and i informed samthing to the CEO by SMS as i cant come to the office for somedays as i needs to be under treatment..

But after 8 days, i.e on 9th March they sent me a termination notice to my home address by registered post stating that as i failed to attend my works from last 8 days and not informing us when you r coming back we are issuing a termination notice of 1 month. As i was not in the home till 21st of March i could not read the letter. when i read the notice on 21st i was really shocked and i didnt know what to do and i was recovering from my health issues. On 3rd of April i sent them acceptance letter and asked them to clear my salary dues as they didnt pay me the salaris of the months january and February.

They said me to come to the office and handover all my files and i did it on 9th of April. But after that there was no response from them about my salary and releaving letter. I sent them couple of emails and SMS and finally on 5th May they asked me to come to office to get my dues.

But when i saw my salary due cheque i was really shocked as they paid me only one month's salary, the reason they gave is it was my duty to attend to my works during my notice period and since i didnt attend, to compensate the losses to the company due to my absense as per the company laws we are deducting your one month's salary. They paid me only one month's salary.

I heard that since they gave 1 month termination notice to me, it is their duty to pay me the salary of the notice period even i am absent.

I am really financially depressed with their act and i would like to know have they done as per the law? Or cheating me ?

If they are cheating me how do i proced to recover my pending dues.

Please help me with your valuable advice...

---

Regards

Sat

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4 Replies

V. VASUDEVAN (LEGAL COUNSEL) 10 May 2011

firstly, no employer can terminate an employee - be it a workman or a Manager for a leave of absence of 8 days. Hope you have the SMS proof. Even otherwise, it they did not have any information for 8days, how can they terminate you without even giving an opporunity. Decide you want to preserve your rights or otherwise. If you decide to quit, the employer has to give you a fair and resonable settlement. Write a detailed letter to the CEO.

Vasudevan

Kumar Doab (FIN) 11 May 2011

Learned Mr. Vasudevan has given valuable advice.

You may follow the advice.

For the period you wish to be on medical leave you are required to have Doctor's rest advice and treatment record.

If you wish to contest your termination, you may approach a competent service lawyer/law firm who shall help you and decide after examining your appointment letter,where to file your complaint before the labour concillition officer or civil court,depending upon your nature of duties etc

If you wish to contest the settlement offered to you can do so.

It shall be appropriate to show all the records to your lawyer/law firm.

You seem to have a good case.

Since your services have ben terminated you may face some difficulty in your future ventures.

Kumar Doab (FIN) 11 May 2011

Learned Mr. Vasudevan has given valuable advice.

You may follow the advice.

For the period you wish to be on medical leave you are required to have Doctor's rest advice and treatment record.

If you wish to contest the settlement offered to you can do so.

It shall be appropriate to show all the records to your lawyer/law firm.

You seem to have a good case.

Since your services have ben terminated you may face some difficulty in your future ventures.

(Guest)

Dear Simhachala,

Since termination notice was from your employer, not your resignation notice, the management cannot deduct notice period salary from your dues for the months of january and February 2011. The management is also not obliged to pay you anything for the notice period since you did not attend office during that period. Had the management sent you notice for immediate termination, only then you could ask for compensation for the period short of notice period. You were required to attend your duties or would have applied for leave due for sanction by the competent authority during the notice period if you were sick. So, you have every right to ask for clearance of your dues for the duty period, you attended your job.